People v. Johnson

              NO. 4-04-0460 Filed: 12/4/06
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellee,
v.
BOBBY L. JOHNSON
Defendant-Appellant.
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Appeal from
Circuit Court of
McLean County
No. 02CF1373
Honorable
Elizabeth A. Robb,
Judge Presiding.
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JUSTICE STEIGMANN delivered the opinion of the court:
In March 2004, a jury convicted defendant, Bobby L.
Johnson, of (1) two counts of attempt (first degree murder), in
that defendant committed attempted murder of Lyle and Janice Knapp
(720 ILCS 5/8-4, 9-1(a)(1) (West 2002)) and (2) home invasion (720
ILCS 5/12-11(a)(5) (West 2002)). In April 2004, the trial court
sentenced defendant to two concurrent 60-year terms in prison for
attempt (first degree murder) and 85 years in prison for home
invasion, which included a 25-year sentence enhancement imposed
under section 12-11(c) of the Criminal Code of 1961 (720 ILCS 5/12-
11(c) (West 2002)). The court also ordered that defendant's 85-
year prison sentence be served consecutively to the concurrent 60-
year prison terms, as mandated by statute.
Defendant appeals, arguing that (1) the trial court erred
by admitting other-crimes evidence; (2) the State failed to prove
beyond a reasonable doubt that he committed the offense of attempt
(first degree murder) involving Janice; (3) he cannot stand
convicted of both home invasion and attempt (first degree murder)